Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was there a formal agreement in place and did it have a clause for early termination? Please note I am mobile today as it's the weekend so may not be able to answer immediately but will do so today
Customer: no there was no mention of early termination at any stage instead the conversations were along the lines of making it a permenant role.
Customer: Just to give you some more information the job was advertised on the groups careers page as a six month secondment and I passed an interview for the role as I beat the other candidates. I was then sent confirmation of the role which said it was expected to last six months and at the end of my six months if it was successful it would be made permanent or return to my previous role. At no point was I told or was it written in that they could bring it to an end early.
Ben Jones : Hello again and thanks for your parience. Whether a secondment can be terminated prematurely would depend on what type of secondment it was and the terms that were agreed at the outset. For example a secondment can be for a fixed term only, or it can be for a fixed term which is terminable on notice. So it all depends on what the secondment terms were and whether they allowed its early termination. If there is nothing in writing confirming that and nothing to that effect was agreed verbally, then you may argue that by placing you on what was advertised as a six month secondment and terminating it early your employer is now acting in breach of the implied secondment agreement, which would be a breach of contract. You may try pursuing this matter through a formal grievance within the company and the employer will have a duty to deal with this fairly and within specified time limits. If the grievance is rejected you are then only looking at the option of resigning and making a claim for constructive dismissal, subject to having at least 2 years' service with that employer.
Ben Jones : Hope this clarifies your position?
Customer: Hi Ben thank you very much for your reply it really has helped. As stated earlier there is nothing In writing that they can terminate it early so I now know which course to follow.
Customer: p.s I have been with the company 3 years. Thanks again.
Ben Jones : You are welcome and all the best. Hope you get to resolve it positively